Last modified: June 1, 2023
1.1. Michael Sicher, hereinafter mentioned as equallywelcome.at, operates the online platform equallywelcome.at, hereinafter mentioned as equallywelcome.at.com only, and provides information about accessible offers.
1.2. equallywelcome.at allows companies to enter their information, in particular regarding its accessible offers, on equallywelcome.at.
1.3. equallywelcome.at is just an information platform. Any contracts concluded are concluded directly between the listed company and the user. Therefore, all related claims such as warranty, damages, etc. are to be settled exclusively between the two previously mentioned.
1.4. These conditions apply to all current and future services that the equallywelcome.at provides towards the hotel, even if no explicit reference is made to them in the contract in individual cases.
1.5. Individual agreements shall prevail over these terms.
1.6. If equallywelcome.at is established in another legal form in which Michael Sicher is involved, the contract, together with all rights and obligations, is transferred to the new legal entity.
1.7. Terms and conditions of the company only apply if they have been acknowledged in writing by equallywelcome.at.
2. Scope of services
2.1. The exact scope of services of equallywelcome.at is set out in the relevant agreement with the company. equallywelcome.at will ensure the provision and availability of services.
2.2. equallywelcome.at is entitled to select the facilities used to provide the services at its discretion.
2.3. If equallywelcome.at provides third-party services on the request of the company, these contracts shall be exclusively between the company and the third party, and subject to the respective terms and conditions of the third party. equallywelcome.at is only responsible for the services it itself provides.
3. Obligations of the Company
3.1. The company confirms that its offers are barrier-free and wheelchair accessible.
3.2. Information provided by companies for use on equallywelcome.at includes details about the offer and correspond to the formats (for example, minimum resolution of photos) and standards (for example, terms from checklists) of equallywelcome.at.
3.3. The company is committed to provide all required information on equallywelcome.at. Notably all data required for the listing.
3.4. If the company does not provide the necessary information or does not provide it in the required formats and standards of equallywelcome.at, the services provided by equallywelcome.at shall, however, be considered provided to be in conformity with the contract.
3.5. The company undertakes to ensure that the information about the company is at all times true, accurate and not misleading. The company is responsible at all times for the accuracy and currency of the information of services. equallywelcome.at does not assume any audit role, but reserves the right to release the listing of the company only after the information has been verified.
3.6. The company confirms that it owns all copyright, trademark and intellectual property rights of all information provided.
3.7. equallywelcome.at reserves the right to edit or remove information that is incomplete or incorrect, intervenes in foreign copyright, trademark, or other intellectual property rights, or breaches these terms and conditions or the contract.
3.8. The company is fully responsible for the content of their website, to which equallywelcome.at.com establishes a connection (link). It shall be liable for breach of laws or boni mores. equallywelcome.at assumes no duty to audit, but reserves the right not to link content violating applicable law or boni mores or to terminate the contract extraordinarily.
3.9. Unless otherwise agreed with equallywelcome.at, the company edits all the information about the company directly and online on equallywelcome.at. equallywelcome.at reserves the right to release information on equallywelcome.at only after checking it.
3.10. The company undertakes to attach the equallywelcome.at sticker to its location in a clearly visible manner.
3.11. Complaints and claims regarding the company (or the products offered, modified or made available or services supplied by the company) or special inquiries of the customer are handled by the appropriate company without mediation or collaboration with equallywelcome.at. equallywelcome.at is not responsible for such claims by customers and rejects any liability in this regard.
3.12. The company shall additionally preserve the information passed to equallywelcome.at, especially photos, so that these can be reconstructed at any time if lost or damaged.
3.13. The company shall keep the log-ins and passwords required for the use of equallywelcome.at confidential and shall inform equallywelcome.at about every (suspected) security breach or misuse. For this purpose, the company shall take appropriate measures for data protection.
3.14. Unless otherwise agreed, supplies and cooperation from the company are not charged for.
4. Customer reviews, (online) marketing, ranking
4.1. The user of equallywelcome.at has the option of assessing company, particularly a room, including using photographs taken by him, and to comment on it. The company has no influence on the nature, scope and content of these reviews, comments or photos. It acquires no rights to it. In particular, it has no right to insist on the deletion of reviews, comments or photos, unless it is proven to be false or maliciously registered content, or the statutory provisions stipulate otherwise.
4.2. equallywelcome.at reserves the right to publish the reviews, comments and photos on equallywelcome.at. The company (and its parent company) take note that equallywelcome.at is only a distributor and not the author of these comments, reviews, and photos. For equallywelcome.at, there is no obligation to check the correctness of such material.
4.3. equallywelcome.at allows the company the right to reply directly to reviews and comments supplied by users on equallywelcome.at under their user name. equallywelcome.at will not conduct any discussions and negotiations, and no correspondence with company with regard to the content or the consequences of publication or dissemination of the reviews, comments or photos.
4.4. equallywelcome.at is not responsible for and shall not be liable for the content and consequences of the publication or dissemination of the reviews, comments or photos.
4.5. Reviews, comments and photos are intended for exclusive use by equallywelcome.at and can be published on websites, to which equallywelcome.at makes them available. equallywelcome.at has the exclusive ownership of all intellectual property of reviews, comments, and photos. The company is not entitled to publish, to copy or otherwise use reviews, comments or photos without prior written permission supplied by equallywelcome.at.
4.6. The sequential order (ranking), in which the various companies appears on equallywelcome.at is generated automatically and exclusively by equallywelcome.at.
4.7. The company is not able to assert claims against equallywelcome.at with regard to the rankings.
5. Representations and warranties
5.1. The company assures and guarantees equallywelcome.at that the company possesses all the necessary rights, powers, and the power of attorney to use, to operate, to possess (if applicable) to (sub-) license (a) the relevant company, and (b) the intellectual property, as it is presented or used in the information services on equallywelcome.at and to make them available from equallywelcome.at on equallywelcome.at.
5.2. equallywelcome.at assumes no liability towards the company in connection with a failure (temporary and/or partial), interruption, failure of use, malfunctioning or non-availability of equallywelcome.at.com.
5.3. equallywelcome.at assumes no liability for the correct reproduction of the listing on equallywelcome.at, unless equallywelcome.at is guilty of intent or gross negligence.
5.4. equallywelcome.at has the right to temporarily decommission equallywelcome.at for necessary maintenance work or for safety reasons.
6. Liability and compensation
6.1. equallywelcome.at accepts no liability regarding the company for incorrect or unsuccessful exchange of communication made by its users.
6.2. The company undertakes to indemnify equallywelcome.at and hold it harmless in relation to all claims for damages from our customers regarding incorrect, flawed or misguiding information regarding company on equallywelcome.at.
6.3. Compensation claims lapse as per the statutory provisions, but no later than at the end of one year of knowledge of the damage and of the infringer.
6.4. equallywelcome.at shall take all reasonable measures to protect the stored information relating to the company against unauthorized access by third parties. equallywelcome.at is, however, not responsible if third parties nevertheless unlawfully gain access to the data and information.
7. Compensation for paid listings and services
7.1. The compensation to be paid by the company and conditions are based on the relevant contract. The legally stipulated VAT will be charged additionally.
7.2. Unless otherwise contractually agreed, the fees are charged annually in advance and regardless of whether or not the company provides the necessary data for listing. The invoices, including VAT, submitted by equallywelcome.at are payable no later than 14 days after receipt of the invoice without any deduction and free of charge. For part payments, the payment terms set for the total order apply analogously. A payment is considered completed on the day on which equallywelcome.at has at its disposal. If the company is in arrears with its payments, equallywelcome.at is entitled to charge the statutory default interest and all costs necessary for collection. If the delay caused by the company exceeds 30 days, equallywelcome.at has the right to discontinue all services. equallywelcome.at is also entitled to make applicable immediate compensation for all services already provided notwithstanding any payment deadlines.
7.3. equallywelcome.at is entitled at any time to increase its prices after written announcement with a notice period of six weeks. The increase in price is applicable at the start of the new calendar year. This type of price increase produces an extraordinary right of termination of the contract within a period of 14 days after the announcement of the price increase.
7.4. All possible payment debts resulting from the contractual relationship, such as legal business fees, shall be borne by the company.
8. Force majeure
8.1. If obligations cannot be fulfilled on time or properly due to force majeure such as war, terrorism, natural disasters, fire, strike, lockout, embargo, governmental intervention, power supply failure, failure of transportation, failure of telecommunication networks or data lines, changes in the law after the conclusion of the contract or any other non-availability of products, this does not constitute a breach of contract.
9. Duration of the contract
9.1. Each contractual party is entitled to extraordinarily terminate the contract prematurely and without notice for cause by means of a registered letter. Cause is given in particular if, despite written warning or threat of termination, the respective other contractual partner violates important obligations from the contract or applies for or initiates a bankruptcy or other insolvency process against the other contractual partner, or the same is refused due to lack of assets, or if the services supplied by the other contractual partner are hampered or prevented for a period longer than six months as a result of force majeure.
9.2. equallywelcome.at is also entitled to extraordinarily terminate the contract for cause, and prematurely, if essential parameters of the provision have changed greatly and prematurely and equallywelcome.at can therefore no longer be reasonably expected to continue the services from an economic point of view.
9.3. The following reasons constitute a material contractual breach and shall entitle equallywelcome.at to terminate the contract extraordinarily and immediately:
(1) the company places incorrect or misleading information about the company on equallywelcome.at;
(2) equallywelcome.at receives one or more legitimate and serious complaint(s) from one or more customers who have used the company's offer;
(3) the evaluation process is misused by the company, insofar as the review on equallywelcome.at does not reflect the honest opinion of a company's true customer;
(4) the company behaves illegally towards customers or employees of equallywelcome.at;
(5) there are (alleged) risks relating to security, privacy or health in the company or its facilities;
(7) Delay in payment of 14 days with grace.
10.1. Changes and additions to the contract require the written form. This also applies to the abolition of this requirement of form.
10.2. Should one or more provisions of these conditions be or become completely or partially void or inexecutable, it shall not affect the validity of the remaining provisions of it. The invalid or unenforceable provision is to be replaced by a proper regulation, which best approximates the economic purpose of the invalid or inexecutable clause.
10.3. Any provision beyond the rights or obligations existing by virtue of the contract requires the prior written consent of the other contractual party. equallywelcome.at is however entitled to transfer the contract to a company affiliated to the equallywelcome.at legal group without the consent of company.
10.4. equallywelcome.at is entitled to use third parties completely or partially for the fulfilment of its obligations.
10.5. Unless otherwise agreed, the applicable statutory regulations are valid exclusively under Austrian law, even if the order is executed abroad. Exclusively the territorial jurisdiction of the competent Court for the headquarters of equallywelcome.at shall be deemed as agreed for any disputes.
10.6. The section 10.5 notwithstanding, equallywelcome.at has the right to bring action, to initiate a court case, to raise a preliminary injunctive relief or a compliance action before a competent court at the location or seat of the company; in such a case, the law of the appropriate jurisdiction of the location or seat of the company is valid. For this purpose, the company waives any potential existing right to demand another jurisdiction or another applicable law.
10.7. The contract can be submitted online or as a PDF, which (as a copy) is regarded as the original and is valid and binding. The contract comes into effect only after written confirmation of the acceptance and approval of the company by equallywelcome.at. By registering and logging in at equallywelcome.at as a company, the company agrees with the general terms and conditions, recognises them and accepts them. The agreement is valid, binding and legally enforceable without a stamp or seal.